Allahabad High Court

GHURE LALversusSMT. SUSHILA DEVI AND 3 OTHERS

Decided: 7 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court disposed of the writ petition without adjudicating merits and directed the subordinate court to decide the Section 6‑C application within a month.

Summary

Ghure Lal filed a defendant's petition under Article 227 seeking a decision on a Section 6‑C application for a temporary injunction that had been granted ad interim by the trial court in Suit No. 355 of 2021. The petitioner also wanted the High Court to consider the objections he had filed on 22‑02‑2021 against that injunction. The High Court observed that keeping the writ petition pending would serve no useful purpose and, without calling for a counter‑affidavit or issuing notice to the private respondents, disposed of the petition at the admission stage. The Court directed the Civil Judge (Junior Division)/F.T.C., Court No.1, Varanasi to decide the 6‑C application, taking into account the petitioner’s objections, within one month of receiving a certified copy of the order. The Court expressly stated that it had not adjudicated the merits of the underlying dispute.

Issues considered

Whether the High Court should entertain a writ petition under Article 227 to decide a pending Section 6‑C application and the objections thereto.
Whether procedural disposal of the writ petition at the admission stage, without hearing the respondents, is permissible.

Subjects

Article 227
temporary injunction
Section 6‑C application
writ petition
admission stage
Civil Procedure

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 MATTERS UNDER ARTICLE 227 No. - 12240 of 2026

                                    Ghure Lal
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Smt. Sushila Devi And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Brahm Prakash Mishra
                                    Counsel for Respondent(s)                     :

                                    Court No. - 9
                                                    HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This is a defendant's petition. In the suit filed by the plaintiffs-
                                    respondents, an application for grant of temporary injunction was moved
                                    in which ad-interim injunction was granted by the trial Court. Thereafter,
                                    defendant had filed his objections to the 6-C application on 22.02.2021
                                    which are pending consideration. The sole prayer made in the writ
                                    petition is for deciding 6-C application along with objections filed by the
                                    defendant-petitioner.

                                    2. As no useful purpose would be served in keeping the matter pending, the
                                    writ petition is being disposed of, at the admission stage, without calling for
                                    counter affidavit or issuing notice to private respondents, with a direction
                                    upon Civil Judge (Junior Division)/F.T.C., Court No.1, Varanasi to decide 6-
                                    C application filed in Suit No.355 of 2021, considering the objections filed
                                    by the defendant-petitioner, in accordance with law, after hearing all affected
                                    parties, preferably within a period of one month from the date of production
                                    of certified copy of this order.

                                    3. With the aforesaid direction, present writ petition stands disposed of.

                                    4. It is made clear that this Court has not adjudicated the case on merit.



                                                                                        (Rohit Ranjan Agarwal,J.)
                                    September 8, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad

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